S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4254

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced  by M. of A. BRODSKY -- Multi-Sponsored by -- M. of A. CLARK,
  COOK, CYMBROWITZ, GALEF, GIANARIS, GLICK, GOTTFRIED, JACOBS,  MILLMAN,
  NOLAN  --  read  once  and  referred to the Committee on Environmental
  Conservation

AN ACT to amend the environmental conservation law, in relation to stan-
  dards for emissions from small electric generating sources

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  19-0107 of the environmental conservation law is
amended by adding a new subdivision 25 to read as follows:
  25. "SMALL ELECTRIC GENERATING SOURCE" MEANS ANY STATIONARY SOURCE  OR
COMBINATION  OF  STATIONARY  SOURCES  THAT HAS THE CAPACITY OR POTENTIAL
CAPACITY TO GENERATE TEN OR MORE KILOWATTS OF ELECTRICITY, EMITS A REGU-
LATED AIR CONTAMINANT, AND IS NOT DEFINED AS A MAJOR  AIR  CONTAMINATION
SOURCE  PURSUANT TO THIS ARTICLE OR THE FEDERAL CLEAN AIR ACT (42 U.S.C.
SECTION 7401 ET SEQ.).
  S 2. Subdivision 2 of section 19-0301 of the  environmental  conserva-
tion law is amended by adding a new paragraph f to read as follows:
  F.  BY  JANUARY FIRST, TWO THOUSAND ELEVEN, PROMULGATE RULES AND REGU-
LATIONS ESTABLISHING PERFORMANCE STANDARDS FOR THE EMISSION OF REGULATED
AIR CONTAMINANTS FROM SMALL ELECTRIC GENERATING SOURCES.  SUCH  EMISSION
STANDARDS SHALL BE EQUIVALENT WITH THE PERFORMANCE (ON THE BASIS OF UNIT
OF POLLUTANT EMITTED PER UNIT OF ENERGY OUTPUT) OF NEW NATURAL GAS MAJOR
SOURCE  GENERATORS MEETING BEST AVAILABLE CONTROL TECHNOLOGY PURSUANT TO
THIS ARTICLE AND THE FEDERAL CLEAN AIR ACT (42 U.S.C.  SECTION  7401  ET
SEQ.).
  (1) PERFORMANCE OF SMALL ELECTRIC GENERATING SOURCES SHALL BE MEASURED
IN  POUNDS  OF  POLLUTION  PER MEGAWATT-HOUR USEFUL ENERGY OUTPUT, WHERE
USEFUL ENERGY OUTPUT INCLUDES HEAT GENERATED  BY  SYSTEMS  SOLD  BY  THE
ORIGINAL  EQUIPMENT  MANUFACTURER  AS  A  COMBINED  HEAT AND ELECTRICITY
GENERATOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07337-01-9
              

A. 4254                             2

  (2) RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS  ARTICLE  SHALL
INCLUDE  A  PERMITTING  REQUIREMENT  FOR  ALL  SMALL ELECTRIC GENERATING
SOURCES IN ORDER TO ENFORCE THE PERFORMANCE STANDARDS.
  (3)  THE DEPARTMENT SHALL ALSO DEVELOP AN ALTERNATIVE PERMITTING MECH-
ANISM AND MAKE THIS MECHANISM AVAILABLE TO COVER ONLY THOSE SMALL  ELEC-
TRIC GENERATING SOURCES THAT HAVE BEEN CERTIFIED BY THE MANUFACTURER AND
VERIFIED BY A THIRD-PARTY, WHICH IS DULY AUTHORIZED BY THE DEPARTMENT TO
VERIFY  SUCH  COMPLIANCE,  TO MEET APPLICABLE PERFORMANCE STANDARDS WHEN
OPERATED UNDER LIKELY CONDITIONS AND  IN  ACCORDANCE  WITH  MANUFACTURER
INSTRUCTIONS.  SMALL  ELECTRIC  GENERATING SOURCES ELIGIBLE FOR COVERAGE
UNDER  THIS  ALTERNATIVE  PERMITTING  MECHANISM  SHALL  OBTAIN  COVERAGE
THROUGH A REGISTRATION PROCESS, RATHER THAN THROUGH AN INDIVIDUAL APPLI-
CATION  PROCESS.  THE  MANUFACTURER CERTIFICATION SHALL ALSO ENSURE THAT
THE SMALL ELECTRIC GENERATING SOURCE WILL CONTINUE TO MEET THE  PERFORM-
ANCE STANDARDS FOR THE LIFE OF THE ALTERNATIVE PERMITTING MECHANISM, THE
TERM OF WHICH SHALL NOT EXCEED FIVE YEARS.
  S 3. This act shall take effect immediately.